“"strike"” — court decisions

Judgment[1997] KECA 53 June 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEALCase number Civil Application 372 of 1996

Division and case type: CivilCase number Civil Application

…Before coming to his decision to strike out the application, however, Omolo, JA had expressed the view, which was obiter, that if he had been properly seized with the application, which he knew he was not, he would have dismissed…

…making it the ratio decidendi of their decision , and it seems that, it too, could not help it, went on also to comment that if only the application had been competent, Omolo, JA would have dismissed it on merits rather than strike…

3 min read

Judgment[1985] KECA 1414 June 1985

Esso Standard Kenya Ltd v Onesmus Kihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Miscellaneous Application 29 of 1984

Division and case type: CivilMiscellaneous Application

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

4 min read

Judgment[1985] KECA 64 June 1985

Esso Standard Kenya Ltd v OnesmusKihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Application 29 of 1984

Division and case type: CivilCivil Suit

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

appeal struck outDismissed4 min read

Judgment[1997] KECA 25217 November 1997

A RED IMPEX GENERAL SERVICES vs DA v ID ANUNDA T

Court of Appeal at NairobiHayanga,JUDGE APPEALCase number Civil Appeal 253 of 1997

Division and case type: CivilCivil Appeal

…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…

…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike…

5 min read

Judgment[1999] KECA 15928 July 1999

KENYA ROYAL MEDIA SERVICES LTD. v KENYA TELEVISION NETWORK LTD.

Court of Appeal at NairobiHayanga,JUDGE APPEAL,KuriaCIVIL APPEAL NO. 171 OF 1995

Division and case type: CivilCivil Appeal

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

1 min read

Judgment[1997] KECA 31025 November 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCase number Civil Application 372 of 1996

Division and case type: CivilCivil Case

…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…

appeal is struck outDismissed5 min read

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…

5 min read

Judgment[1995] KEHC 7627 August 1995

Kimani Wanyoike v Electoral Commission & another

High Court at NakuruKimani Wanyoike,Gitobu Imanyara,Imanyara,Kivuitu Mr,KivuituCase number Miscellaneous Civil Case 111 of 1995

Division and case type: CivilCivil Case

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

10 min read

Judgment[1995] KECA 12831 August 1995

Kimani Wanyoike v Electoral Commission & another

Court of Appeal at NairobiJudge Nyeri High Court,Judge Nakuru,JUDGE ESSEX CLARK,JUDGE APPEAL,Kimani Wanyoike,Imanyara,Kivuitu,Ngei,Mbondo,CheboiwoCase number Civil Application 213 of 1996

Division and case type: CivilORIGINATING SUMMONS

…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…The second respondent, led a notice of motion seeking to strike out the petition on the similar ground that it had not been signed by the petitioner in accordance with the provisions of rule 4 of the National Assembly Elections…

…The respondent (petitioner) sought to strike out the notice of appeal in his Civil Application No Nai 241 of 1993.…

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…That does not strike me as unreasonable. But such a course was disapproved by high judicial authority. In Lim v Camden Health Authority [1980] AC 174 to which Mr..…